| Citation(s) |
|---|
| 1991 SLG 1819 1991 SLD 1819 1991 PLC 68 |
Lahore High Court
Writ Petition No. 4100 of 1986, decided on 2nd February, 1988.
RAJA AFRASIAB KHAN, J
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Writ Petition No. 4100 of 1986, decided on 2nd February, 1988.
RAJA AFRASIAB KHAN, J
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MUHAMMAD RAMZAN
VS
RAFHAN MAIZE PRODUCT and others MUHAMMAD RAMZAN vs RAFHAN MAIZE PRODUCT and others
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- ----S.O.15 (i) (ii-d)---Workman found guilty of careless or wasteful working, held, could at the most be reprimanded or fined, but could not under any circumstances be deprived of his back benefits. Niaz Ali v. Punjab Urban Transport Authority, Lahore and others P L D 1983 Lah. 661; Muhammad Arshad Khan v. J & P Coats Pakistan Ltd., Karachi and others P L D 1977 Kar. 83 and Muhammad Sharif v. Chairman, Road Transport Corporation and others 1976 P L C 744 ref. Munawar Ahmad Javed and Ghulam Muhammad for Petitioner. Javed Altaf for Respondents. Date of hearing: 2nd February, 1988. JUDGMENT The petitioner Muhammad Ramzan has moved this Constitutional petition praying therein that the impugned order dated 22-12-1985 passed respondent No. 3 and the order dated 2-3-1986 passed by respondent No. 2 may be declared without lawful authority and of no legal consequence to the extent to which the back benefits have been disallowed to him. 2. In brief, the case is that the petitioner was employed as Utility Operator with respondent No. 1 Rafhan Maize Products Company Ltd. Rakh Canal, East Road, Faisalabad in October 1964. The petitioner performed his duties honestly and diligently to the entire satisfaction of his employer. The petitioner was dismissed from service on 25-6-1984 by respondent No. 1 on the ground that during the night between 23rd/24th of May, 1984, while on duty as Utility operator, he had wasted sufficient quantity of edible oil on account of his negligent conduct. The learned Labour Court No. IV, Faisalabad, after recording the evidence and hearing the parties, set aside the order of dismissal of the petitioner and reinstated him in service. However, 50 per cent of back benefits were allowed to the petitioner vide his judgment dated 22-12-1985. Both the petitioner as well as respondent No. 1 went in separate appeals before the Punjab Labour Appellate Tribunal against the order dated 22-12-1985 of the Punjab Labour Court No. IV, Faisalabad. Both the appeals were heard and disposal of together vide the appellate judgment dated 2-3-1986. The reinstatement of the…
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